ABDULLAHI JCA (Delivering the Lead Judgment): In the High Court of Justice of Kwara State, in the Ilorin Judicial Division, on the 8th day of November, 2004, Mrs. O. T. Olubiyi, State counsel 1, moved an ex parte application dated 15/9/2004 filed the same day to prefer a charge against the accused/appellants. The application was brought pursuant to section 185(b) of the Criminal Procedure Code and rules 3(1) and (2) of the Civil Procedure (Application to Prefer a Charge Rules in the High Court),1970. The application wasmade before Gbadeyan Jwho granted same. The charge reads thus:
“ Charge one : That you Adeniyi Kayode (a.k.a. Black Jesus), Gospel Seleipre Ogona, Oluwole Oladipo Eniola (a.k.a. Calculus) and Usman Olarenwaju Bolakale on or about 12th day of July, 2004 at the University of Ilorin (permanent site) A agreed to form an illegal association to wit form a secret cult group on campus and you thereby committed an offence punishable under section 97 of the Penal Code.
Charg…